PEOPLE v. OTERO

8422, 2992/07.

100 A.D.3d 411 (2012)

952 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL OTERO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

November 8, 2012.


The record supports the court's discretionary upward departure to level three. Initially, we note that defendant's point score was 105, which is nearly enough for a level three adjudication. The court properly determined that the risk assessment instrument did not adequately take into account aggravating factors including the seriousness of the underlying sex crime (see e.g. People v Schlau, 60 A.D.3d 529 [1st Dept 2009], lv denied...

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